RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 February 2005
      DOCKET NUMBER:  AR20040001788


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his medical records be
corrected to show he was not in an automobile accident.

2.  The applicant states that he was not in an automobile accident prior to
his enlistment.  He believes his medical records to be mixed up with
another person's records.  If he had been knocked out in an automobile
accident and unconscious for 7 hours shortly before he enlisted, he would
have had scars or bruises.  The Virginia State Police would have had a
record.  They have no record of such an accident.

3.  The applicant states that while he was in the Air Force he was treated
for passing out.  He was most likely having heart problems after being
injected with smallpox vaccine to which he had a reaction.  His Army
recruiter put on his entry form that he had no prior service.  He was never
properly treated by either the Army or the Air Force.  He has suffered a
lifetime of cruelty.

4.  The applicant provides copies of 7 pages of Air Force medical records;
his Air Force DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge); 6 pages of Army medical records; his Army DD Form
214; and a Veterans Administration (VA) Clinical Record dated 28 May 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 July 1963.  The application submitted in this case is
dated 26 May 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records that consist of the
documents provided by the applicant.

4.  The applicant enlisted in the Regular Air Force on 18 November 1960.

5.  On 27 November 1960, the applicant was treated for a possible smallpox
shot reaction.  He was given Benadryl and aspirin and returned to duty.

6.  On or about 4 January 1961, the applicant was treated for vomiting and
a queasy stomach with no diarrhea.  His tonsils were enlarged and showed
abscess.

7.  On 28 March 1961, the applicant was hospitalized after vomiting
practically all food for the previous 3 weeks.  He was discharged on 31
March 1961.  The discharge document stated, "Due to the cephalin
flocculation it is felt that further liver studies were indicated."  The
applicant noted next to this entry that no studies were ever performed.

8.  On 10 April 1961, the applicant was treated for infected tonsils.

9.  On 13 April 1961, the applicant was referred by his commander for
treatment for almost constant vomiting since January 1961.  The treatment
notes indicated there was some blood in his vomitus at that time.  He had
been hospitalized in March 1961 for a possible ulcer but nothing definite
was done about it.

10.  On 26 April 1961, the applicant was hospitalized for observation of a
suspected peptic ulcer.

11.  On or about 27 May 1961, the applicant was honorably discharged from
the Air Force.  The reason for separation cannot be determined from the DD
Form 214.

12.  The applicant enlisted in the Army on 25 February 1963.  He was given
a smallpox vaccination on 8 March 1963.  On 10 March 1963, he was seen by
the emergency clinic for an upper respiratory infection without fever.

13.  On 12 March 1963, the applicant was treated for fainting spells.  The
Chronological Record of Medical Care notes in part that he had been
"knocked out" 4 months previously in an automobile accident and had been
unconscious for 7 hours.  The Record went on to note the applicant had been
nauseated and vomiting for about the past week, that he had noted a slow
pulse, and that he had also been having headaches.

14.  A Radiographic Report dated 12 March 1963, in the Pertinent Clinical
History, Operations, Physical Findings, and Provisional Diagnosis section,
noted the applicant had been in an automobile accident 4 months previously
and was unconscious for 7 hours.

15.  A Radiographic Report dated 14 March 1963 noted the applicant had a
history of ulcers but, other than a minimal deformity in the distal lesser
curvature of the duodenal bulb, no abnormalities were found.

16.  A Narrative Summary for date of discharge 14 March 1963 noted, in
History of Present Illness, that the applicant, "…gave a history of
"passing out" 3 times  in the past 36 hours.  …He was involved in an auto
accident approximately         4 months ago with loss of consciousness for
7 – 8 hours, with no apparent sequelae…He gave a past history of duodenal
ulcer with a medical discharge from the AF in May 1962.  He did not make
this known at the time of his enlistment in the Army."  The Physical
Examination of the heart revealed a regular rhythm without murmurs or other
abnormalities.  The applicant annotated beside this entry, "EKG shows
evidence of MI" (myocardial infarction?); however, Laboratory and X-Ray
data indicated, "EKG was within normal limits."

17.  On 9 July 1963, the applicant was discharged with a general under
honorable conditions discharge for fraudulent entry.

18.  The applicant provided a VA Clinical Record dated 11 June 1970 that
noted he was released from the Air Force on a medical disability due to
stomach and nervous conditions.  The VA indicated a diagnosis of peptic
ulcer, inactive.

19.  A National Institutes of Health, Center for Disease Control internet
cite stated that most people who receive a smallpox vaccination experience
normal, typically mild reactions to the vaccine.  A mild reaction may
include running a low fever and being sore and red in the arm receiving the
vaccination.  Some people experience reactions that may require medical
attention.  A serious reaction may involve a vaccinia rash or outbreak of
sores, either limited to one area or widespread, or a toxic or allergic
rash in response to the vaccine.  A life-threatening reaction may involve a
serious skin rash, an ongoing infection of the skin with tissue
destruction, and postvaccinal inflammation of the brain.

20.  The internet cite also stated that data from recent smallpox
vaccinations have been found to be consistent with a causal association
between vaccination and myopericarditis, although this is not proven.  If
vaccinees experience chest pain, shortness of breath, or other symptoms of
cardiac disease after vaccination, they should seek medical attention.

21.  Another National Institutes of Health internet cite stated that a type
of bacterium called helicobacter pylori (or h. pylori) is the main culprit
in causing peptic ulcers.  H. pylori is usually contracted in childhood.
Most people with h. pylori do not display any symptoms until they are older
and may go through life unaware that they have the bacterium.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant tends to support the presumption
that his medical records contain no error.

2.  The applicant states that he was not in an automobile accident prior to
his enlistment and that he believes his medical records to be mixed up with
another person's records.  However, it is noted that the reference to an
automobile accident is in the middle of a Narrative Summary History of
Present Illness that lists other medical history ("passing out" 3 times in
the past 36 hours and a past history of duodenal ulcer) that the applicant
does not contend never happened to him.  It is not reasonable to presume a
doctor would have entered another person's medical history in the middle of
the applicant's medical history.

3.  Whether or not the accident actually occurred (failure to have scars or
bruises 4 months after an accident is not proof that an accident did not
occur, neither is the failure of the state police to have a record of an
accident if the accident was not reported to the police), the preponderance
of evidence indicates that the doctor obtained this information from the
applicant.

4.  There is no evidence to show the applicant was having heart problems
after being injected with smallpox vaccine.  Air Force medical records show
he was given Benadryl and aspirin and returned to duty after receiving a
smallpox vaccination, an indication he was having a typical, mild reaction.
 While some data from recent smallpox vaccinations have been found to be
consistent with a causal association between vaccination and
myopericarditis, it is not proven.  In any case, there is no evidence that
the applicant was ever treated for chest pain, shortness of breath, or
other symptoms of cardiac disease after his vaccinations. The 1970 VA
document he provided does not show he was suffering from cardiac problems
at that time.

5.  While Air Force medical records indicate, "Due to the cephalin
flocculation it is felt that further liver studies were indicated" and the
applicant indicated that no studies were ever performed, there is no
evidence that he ever had liver problems while in the Army.  This is a
matter he may wish to take to the Board for Correction of Air Force
Records.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 July 1963; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 July 1966).  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wtm___  __jtm___  __wdp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Walter T. Morrison__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040012289                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |124.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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